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Calcutta High CourtWPA/20034/2024disposed

Kalpana Dutta And ANR. v. State Of West Bengal And ORS.

2024-11-07Hon'Ble Justice Tirthankar Ghosh3 pages

Sl.No.

07.11.2024 WPA 20034 of 2024 Court No. 35 G.S.Das Kalpana Dutta & Anr.

-VsThe State of West Bengal & Ors.

Ms. Sumita Sarkar ... for the Petitioner Mr. Dibakar Bhattacharyjee ... for the respondent nos. 6, 8 and 9 Mr. Sayan Sinha ... for the respondent nos.6-9 Mr. Asish Kumar Guha Mr. Benazir Ahmed ... for the State The petitioner is aggrieved by the fact that her complaint was not acted upon by the concerned police authorities.

I have considered the accusations made by the petitioners against the private respondents.

Leaned advocate for the petitioners submits that they have already approached the learned Civil Court and the learned

Civil Court has passed appropriate orders.

So far as the order of the learned Civil Court is concerned, the police authorities will strictly obey and respect the orders passed by the learned Civil Court.

So far as the accusations are concerned, if any offence is made out, the petitioner would approach the learned jurisdictional criminal court either under Section 175(3) of the BNSS and/or under Section 223 of the BNSS.

The learned Magistrate would consider such application, if filed by the petitioner, and dispose of the same in accordance with law.

In the meantime, it is directed that the police authorities would keep a strict vigil and ensure that no breach of peace and tranquility takes place at the

behest of either of the parties.

With the aforesaid observations, WPA 20034 of 2024 is disposed of.

Report so submitted be kept with the record. Let a copy of the report be handed over to the learned advocates of both the parties.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)